The Issue Should Respondent have her Correctional Certificate No. 83134 disciplined for reasons alleged in the Administrative Complaint, Criminal Justice Standards and Training Commission, Case No. 9530?
Findings Of Fact On August 26, 1992, Respondent was certified by Petitioner as a correctional officer. Respondent holds Correctional Certificate No. 831334. On May 5, 1993, James Alford Hagins, Jr. entered the offices of the State of Florida, Department of Highway Safety, Division of Drivers' Licenses, in Ocala, Florida. This office was a location for obtaining drivers' licenses. Although Mr. Hagins is a male, on this occasion, he was dressed as a woman. The purpose for his visit was to apply for a duplicate driver's license in the name of Pamela Edwards Turner-Williams, the Respondent. Once inside the offices, Mr. Hagins approached Karen Izzo, who at that time was a driver's license examiner for the Division of Drivers' Licenses. Her employment involved the issuance of licenses. Ms. Izzo recognized that Mr. Hagins was a man in women's clothing. In requesting a duplicate license in Respondent's name, Mr. Hagins presented supporting documentation. Ms. Izzo processed the license application in Respondent's name to the extent of preparing a duplicate license with Respondent's name and Mr. Hagins' photograph. In addition to being confident that the applicant for license was not a female, certain questions that Ms. Izzo asked Mr. Hagins convinced Ms. Izzo that he was not the Respondent. As a consequence, after processing the duplicate license, to include a signature that confirmed under oath that the information in the application was correct, Ms. Izzo notified her supervisor concerning the fraudulent application. At that time, Stephanie Standridge was Ms. Izzo's supervisor. Ms. Standridge came to the counter where Ms. Izzo was processing the license application for Mr. Hagins and asked Mr. Hagins to accompany her to her office. He complied with that request. Deborah Dobson, who at that time was an assistant regional administrator for the drivers' license offices in the area, noticed Mr. Hagins. She instructed Ms. Izzo to tell her supervisor to question Mr. Hagins about the application. On this date, Alice Smith, an employee of the Division of Drivers' Licenses, was in the reception area of the Ocala office. She overheard the Respondent state "Where is Pamela, where is Pamela?", referring to Respondent's first name being used by Mr. Hagins in disguise. Respondent was also pretending to be someone else. At that time, Respondent stated in a loud voice "Well, we've got to go, we've got to go, I've got to go to work". Ms. Smith told Respondent that "Well, she'll be out in just a minute, ma'am, they're finishing up her application". This referred to the processing of the application of Mr. Hagins, who was pretending to be the Respondent. Ms. Smith had noticed Respondent prior to these events at the reception area when Ms. Smith saw Respondent and Mr. Hagins at the counter where Ms. Izzo was processing the application for duplicate license. After making her comments about leaving the office, Respondent went around the counter where the reception area was into an area which was restricted to the public. In particular, she went to the office where Ms. Standridge had taken Mr. Hagins to inquire concerning the application for duplicate license. In addition to Respondent, Ms. Standridge and Mr. Hagins, Ms. Smith, Ms. Dobson, and Maria Esther Fincher, another employee with the Division of Drivers' Licenses, entered Ms. Standridge's office, or the environs. When Respondent first entered Ms. Standridge's office, she stated "I've got to go, I'm late for work, Pam come on, let's go". Again, the use of the name "Pam" referred to Mr. Hagins assuming the role of the Respondent. When Respondent made these remarks, Ms. Dobson replied "Ma'am, I'm sorry, but this is the supervisor of the office, and she's questioning this lady (referring to Mr. Hagins) about her application. You can go, but she needs to stay". Respondent then stated "No, we're going, and I'm taking these papers with me." At that point, Respondent picked up some documents that Ms. Standridge had been looking at concerning the application. Those documents included Respondent's driving record, the duplicate license issued to Mr. Hagins as the Respondent, Mr. Hagins' application under oath for the duplicate license, and a Discover credit card. Ms. Dobson did not believe that some of the documents should be removed from the offices of the Division of Drivers' Licenses. Therefore, she told Respondent that Respondent could not take the documents. To prohibit Respondent from taking the documents, Ms. Dobson took one end of the documents and held the documents to thwart Respondent's purposes in removing them. Against her will and without consent, Respondent slapped Ms. Dobson's hand in the struggle. This was followed by Respondent taking her hand and wrist and striking Ms. Dobson between Ms. Dobson's wrist and elbow "real hard". Again, Ms. Dobson did not will this action nor consent to it. At that juncture, Ms. Dobson let go of the documents. Respondent maintained control of the documents. However, when exiting Ms. Standridge's office, some documents were dropped. This included the Discover credit card and some bank envelopes, together with Respondent's driving record and the duplicate license that was issued to Mr. Hagins in Respondent's name. As Respondent was attempting to leave Ms. Standridge's office, Ms. Smith tried to retrieve the papers. Ms. Smith told Respondent "those are ours, you can't have those". After Ms. Smith grabbed one end of the papers, Respondent pulled them back toward the Respondent; and Ms. Smith let go of the other end. During the struggle over the papers, Ms. Fincher was hit in the jaw while Respondent was holding the papers over Respondent's head to keep them from being retrieved. Although Ms. Fincher did not exercise her will or consent in being struck by Respondent, Respondent's actions in striking Ms. Fincher were not intentional. The Discover credit card that had fallen was in Respondent's name. Among the items that were successfully removed from the drivers' license office by Respondent's efforts were mortgage papers, a Form 34 from the drivers' license office, related to an application for a driver's license, a corrections certification card, First Union Bank envelopes, and a Florida firearm's certification card. After the altercation, Respondent told Mr. Hagins to leave the drivers' license office, which he did. Respondent also left. Mr. Hagins was followed out of the office and was observed during his escape to have removed a wig and clothing, which he had worn as part of the disguise. The wig was recovered, together with a black bra, black slip and yellow handbag. The yellow handbag had a Discover credit card bill in Respondent's name. Respondent was seen entering a van. Ms. Smith took the tag number of that van. The tag number on the van was found to match Respondent's name. The drivers' license office also had the Respondent's home address, which matched the address on the duplicate driver's license which had been issued to Mr. Hagins. Corporal Johnny Johnston of the Ocala Police Department instituted an investigation of the fraud in obtaining the duplicate driver's license. His efforts took place on May 5, 1993. Corporal Johnston went to the address which the Division of Drivers' Licenses had for Respondent in Ocala, Florida. Respondent arrived at that address subsequently. Respondent was advised of her rights under the Miranda decision and requested an attorney. Nonetheless, she consented to have Corporal Johnston search her home. During the search, Corporal Johnston observed a valid 1993 Florida driver's license issued to Respondent in the pocket of a Florida Corrections uniform shirt inside a kitchen closet. Corporal Johnston located a Florida Firearm's Certification Card in Respondent's name in a wallet underneath a pillow on the bed in the bedroom. Corporal Johnston recovered an expired Florida driver's license in the name of Respondent, First Union Bank envelopes, Lomas mortgage documents, and a credit card form. Those items were in Respondent's name. Under the pillow was found a plastic bag containing a controlled substance, rolling papers and matches. A field test revealed that the substance in the bag was marijuana. Corporal Johnston utilized a kit in performing the field test, which uses reagents to identify the suspected substance by the color produced in using the reagents.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered which revokes Respondent's corrections certificate. DONE AND ENTERED this 30th day of July, 1996, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of July, 1996. APPENDIX TO RECOMMENDED ORDER The following discussion is given concerning the proposed findings of fact of the Petitioner. 1-9. Subordinate to facts found. 10. Not necessary to the resolution of the dispute. 11-23. Subordinate to facts found. 24. Rejected in the suggestion that Respondent is accountable for striking Ms. Fincher. 25-29. Subordinate to facts found. 30. Not necessary to the resolution of the dispute. 31-33. Subordinate to facts found. 34-35. Not necessary to the resolution of the dispute. 36-44. Subordinate to facts found. Not supported by competent evidence. Subordinate to facts found. Not necessary to the resolution of the dispute. 48-53. Subordinate to facts found. 54. Not supported by competent evidence. 55-59. Subordinate to facts found. 60-63. Rejected in the suggestion that there is competent evidence supporting laboratory results that the substance was marijuana. 64. Not necessary to the resolution of the dispute. COPIES FURNISHED: Karen D. Simmons, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, FL 32302-1489 Pamela Turner-Williams 2731 N.W. 17th Street Ocala, FL 32675 A. Leon Lowry, II, Director Department of Law Enforcement Division of Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, FL 32302-1489 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, FL 32302-1489
The Issue This is a license discipline proceeding in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of allegations set forth in a two-count Administrative Complaint in which the Respondent is charged with violations of Sections 493.6118(1)(j), 493.6106(1)(b), 493.6118(1)(t), and 493.6101(7), Florida Statutes.
Findings Of Fact The Respondent is a licensed security officer holding a Class "D" Security Officer License and a Class "G" Statewide Firearm License.1 On May 25, 1996, the Respondent was driving himself and his wife, Tracee Kinlock, to the home of the latter's brother. During the course of that drive an argument began on the subject of whether the Respondent had been seeing another woman. During the course of the argument, Ms. Kinlock became angry about the Respondent's refusal to discuss the subject and began hitting him on the arm and side. The argument continued to escalate, and eventually Ms. Kinlock became so upset that she insisted that the Respondent stop the car and let her get out. The Respondent refused to do so. Eventually, Ms. Kinlock took matters in her own hands and grabbed the gear shift lever and pushed it into the neutral or park position.2 The Respondent told Ms. Kinlock to take her hands off of the gear shift lever and made several efforts to pull her hands off of the lever, but Ms. Kinlock refused to move her hands and refused to release the gear shift lever. The Respondent became so angry or frustrated that he leaned over and bit Ms. Kinlock on the hand. He bit her hard enough to make her cry and release the gear shift. The bite did not draw blood, but it was sufficiently severe to leave visible marks and to cause the hand to swell. After biting Ms. Kinlock, the Respondent was able to put the car in gear and resume driving. When they arrived at the home of Ms. Kinlock's brother, Ms. Kinlock threw her wedding rings at the Respondent, got out of the car, and began walking rapidly towards her brother's home in an effort to get away from the Respondent. The Respondent chased after her, grabbed her from behind, and then swung his foot in a sweeping motion in such a way as to intentionally trip Ms. Kinlock and cause her to fall down. Ms. Kinlock fell to the ground, and the Respondent fell on top of her. Ms. Kinlock's brother immediately pulled the Respondent away from Ms. Kinlock and then restrained the Respondent while Ms. Kinlock went into the house. The police were called and shortly thereafter the Respondent was arrested and charged with the battery of Ms. Kinlock. The Respondent ultimately entered a plea of "no contest" to the charge of battery. Adjudication was withheld on the charge of battery.
Recommendation Pursuant to Rule 1C-3.113(2)(n), Florida Administrative Code, it is RECOMMENDED that Respondent's Class "D" Security Officer License and Class "G" Statewide Firearm License be revoked pursuant to Section 493.6118(2)(e), Florida Statutes. DONE AND ENTERED this 10th day of November, 1997, in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 10th day of November, 1997.
The Issue The issues for determination are whether the Department of Insurance and Treasurer (Petitioner) properly denied the application of Ronald J. Wierenga (Respondent) for licensure as an insurance adjuster; and whether there exists an adequate basis in the form of violations of Chapter 626, Florida Statutes, sufficient to subject Respondent's existing licensure as an adjuster to disciplinary action.
Findings Of Fact Respondent is Ronald J. Wierenga, currently licensed by Petitioner as a Company Employee Adjuster - Motor Vehicle Physical Damage and Mechanical Breakdown Insurance and a Company Adjuster- Casualty. At all times pertinent to the dates and occurrences referred to in the Administrative Complaint, Respondent was eligible for licensure or licensed as an insurance agent in the State of Florida. On May 8, 1990, Tallahassee Police Officer Daniel Buie investigated an incident at an establishment known as Breaktime Billiards, where an individual with a firearm was reportedly detaining patrons. When Buie arrived at the scene, he observed two individuals straightening up from lying in a prone position over the front of a motor vehicle. Respondent was walking away from a position behind the two individuals and in a direction that took him past Buie. Buie reached out to make contact with Respondent's body and keep Respondent in his field of vision. As Buie's arm made contact with Respondent's back, Buie discovered Respondent was carrying a .380 caliber semiautomatic pistol. Respondent was wearing a blue jacket emblazoned with the words "Department of Justice, Federal Bureau of Prisons" printed on the back. Just below that wording was printed the words "federal officers". Subsequently, Respondent was transported to the Leon County Jail where, after being advised of his Miranda rights, he told Buie that he had put on the jacket and gotten the pistol from his vehicle in order to effect the arrest of the other two individuals at the scene because he suspected them of trafficking in cocaine. At the time, Respondent was not an employee of the Department of Justice, Federal Bureau of Prisons. At the time he was taken into custody, Respondent was lucid and did not appear to be under the influence of any behavior modifying substances. On June 12, 1990, Respondent was charged by Information filed in the Circuit Court for the Second Judicial Circuit in Leon County, Florida, with four counts of Aggravated Assault with a Deadly Weapon, as well as other charges. On August 14, 1990, Respondent entered a plea of nolo contendere to four courts of Aggravated Assault, a felony of the third degree. Other charges against Respondent were dropped, and he was placed on probation for a period of five years. Adjudication of guilt was withheld.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered denying Respondent's application for licensure; placing his present license on probation for a period of one year upon such reasonable terms and conditions as may be determined by the Department of Insurance and Treasurer; and requiring Respondent to pay an administrative penalty of $500. DONE AND ENTERED this 24th day of May, 1991, in Tallahassee, Leon County, Florida. DON W. DAVIS Hearing Officer Division of Administrative Hearings The DeS6to Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 1991. COPIES FURNISHED: S. Marc Herskovitz, Esq. 412 Larson Building Tallahassee, FL 32399-0300 Ronald L. Jones, Esq. 1367 East Lafayette Street, Suite C Tallahassee, FL 32301 Honorable Tom Gallagher State Treasurer and Insurance Commissioner The Capitol Tallahassee, FL 32399-0300 Bill O'Neil, Esquire The Capitol, Plaza Level Tallahassee, FL 32399-0300 APPENDIX The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's Proposed Findings. Adopted in substance. Respondent's Proposed Findings. Adopted in substance. Adopted, except that exhibits presented indicate that Respondent plea no contest with regard to four counts of aggravated assault.
Findings Of Fact At all times pertinent hereto, Respondent held a valid Class "W" Concealed Weapon or Firearm License issued by the Petitioner. Petitioner alleges that Respondent was convicted of Assault with Intent to Murder on June 8, 1960 in the State of Georgia and his civil rights have not been restored. A person by the name of John P. Piner was sentenced by the Superior Court of Richmond County, Georgia, on June 8, 1960, to serve a term of imprisonment at hard labor for a period of not less than three (3) years and not more that four (4) years for the crime of Assault with Intent to Murder. The sentence was suspended and the Defendant was placed on probation and fined. Respondent, John P. Piner, during all relevant times was on active duty with the United States Army and remained so until his honorable separation from the service on June 23, 1969, after more than twenty years of service. The evidence failed to show that the person named in the Sentencing document found in the records of Richmond County, Georgia was the same person as the Respondent named in the Administrative Complaint. The evidence failed to show that the Respondent, John P. Piner, was adjudicated guilty of the felony of Assault with Intent to Murder in the State of Georgia by a court of competent jurisdiction.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Administrative Complaint filed against Respondent be DISMISSED and that Petitioner's application for renewal of his concealed weapon or firearm license be GRANTED. DONE and ENTERED this 30th day of November, 1994, in Tallahassee, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of November, 1994. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on proposed findings of fact submitted by the parties. Proposed findings of fact submitted by Petitioner. Accepted in substance: paragraphs 1 Rejected as against the greater weight of evidence: paragraphs 2, 3, 4. Proposed findings of fact submitted by Respondent. Accepted in substance: Section 1. COPIES FURNISHED: Richard R. Whidden, Jr. Assistant General Counsel Department of State Division of Licensing The Capitol, MS-4 Tallahassee, Florida 32399-0250 Donald R. Henderson, Esquire Mateer Harbert & Bates Post Office Box 2854 Orlando, Florida 32802-2854 Honorable Jim Smith, Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250
The Issue Whether the Petitioner, Juan Ramon Leal, is entitled to be licensed as resident legal expense sales representative.
Findings Of Fact At all times material to the allegations of this case, the Respondent is the state agency charged with the responsibility of regulating persons seeking licenses to become resident legal expense sales representatives. As such the Respondent appropriately received and considered the application for licensure submitted by the Petitioner on or about April 3, 2002. On June 27, 2002, the Respondent issued its decision regarding the Petitioner's application for licensure. Such decision denied Petitioner's request based upon his criminal history and the short amount of time that had elapsed between the alleged criminal activity and the application for licensure. On July 6, 2000, when he was 20 years of age, the Petitioner was arrested for possession of a controlled substance, unauthorized possession of a driver's license, and carrying a concealed weapon. As to the controlled substance charge, at the time of the arrest, the Petitioner was delivering to an individual, who was a confidential informant for the police, 400 tablets of a drug commonly known as ecstasy. The Petitioner knew that the package contained an illegal substance and that he was committing an illegal act. As to the charge of possessing an unauthorized driver's license, the Petitioner held fake identification so that when carded at dance clubs he could enter with his older girlfriend. There is no evidence that the fake license was used for any other purpose. As to the charge of possession of a concealed weapon, the Petitioner was arrested and his vehicle was thoroughly searched. The "concealed weapon" was a hunting knife under the seat or in the crack of the seats. The knife was not presented in the course of any of the activities cited by the police. In fact, the arresting officer described the Petitioner as "sincerely remorseful" and "cooperative." Subsequent to his arrest the Petitioner attempted to assist the police but proved unsuccessful. On May 10, 2001, the Petitioner pled nolo contendere to the possession charges. As he had no prior criminal record, adjudication of guilt was withheld and he was placed on probation. The Petitioner successfully completed all requirements of his probation. Thereafter, on March 14, 2002, the probation was terminated. On April 3, 2002, within the month of his probation being completed, Petitioner applied for the license at issue in this proceeding. Because the Department denied the license, the Petitioner sought the instant administrative review of the denial and sought relief from the criminal court having jurisdiction over his probation and record. To that end, Petitioner obtained an Order to Seal his criminal records. This order was entered on August 15, 2002. Had the Petitioner waited until after that date to apply for licensure, the pertinent criminal records would have been under seal and therefore unavailable for review. It is the Department's position that the Petitioner lacks fitness and trustworthiness to hold the license based upon the nature of the criminal activity and the recentness in time to the application for licensure. The Petitioner's employer, Nicolo Bonanno, testified that the Petitioner is a trustworthy employee, that he has had business dealings with the Petitioner for approximately 3 years, and that he has no hesitation in supporting his licensure. Mr. Bonanno is himself a licensee through the Department. The arresting officer expressed complimentary statements regarding the Petitioner including his demeanor during and subsequent to the arrest.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Insurance enter a final order granting the license sought by the Petitioner. DONE AND ENTERED this 23rd day of January, 2003, in Tallahassee, Leon County, Florida. ___________________________________ J. D. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of January, 2003 COPIES FURNISHED: Honorable Tom Gallagher Chief Financial Officer Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Mark Casteel, General Counsel Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Eugene J. LaNeve, Esquire 717 Ponce de Leon Boulevard Suite 215 Coral Gables, Florida 33134 Ladasiah Jackson, Esquire Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333
The Issue An Administrative Complaint dated February 8, 1999, alleges that Respondent committed violations of Section 493.6118, Florida Statutes, when he performed armed security officer services without a proper license and when he failed to cooperate with an official investigation and gave false information regarding his identity and address. The issues in this proceeding are whether the alleged violations occurred and, if so, what penalty is appropriate.
Findings Of Fact Respondent, Vance H. Britto, was licensed by the Florida Department of State as a security officer some time prior to 1993. His license expired and he was deemed ineligible for re- licensure because of an unpaid disciplinary fine. On August 27, 1998, at approximately 11:30 p.m., Richard Yates, an investigator with the Florida Department of State, conducted a pro-active investigation at Windhover Apartments in Orlando, Orange County, Florida. Investigator Yates was accompanied by his colleague, Ed Sundberg. The investigators approached an individual wearing a security officer's uniform and badge and carrying a 38-caliber revolver. They identified themselves and asked the individual for his name and security officer's license. The individual gave his name as David Wilson but said that his license was at his employer's office being laminated. Although he was in a white Ford sedan with security markings, the individual denied having his driver's license or social security card with him. He gave his address as 2203 Page Street in Orlando. He gave his supervisor's name as Ricky Heath and his employer as Security Enforcement Services, Inc. After a brief exchange with the investigators, the individual sped away in his vehicle. Investigator Yates made a note of the license plate and made further notes on an inspection checklist. When he returned to his office and described the individual and the encounter to his supervisor, and with the aid of a file photograph, Investigator Yates was able to identify the individual as Vance Britto, a former licensee. In 1998 and to the present time, Mr. Britto has not been licensed with either a "Class G" or "Class D" license. No one knew Mr. Britto at the Page Street address he gave the investigators and when they checked his address in the computer file they learned that he had not lived there in over two years.
Recommendation Based on the foregoing, it is RECOMMENDED: that the agency enter its formal order finding Respondent guilty of violating Sections 493.6118(1)(g) and (o), Florida Statutes, and assessing an administrative fine of $1,000. DONE AND ENTERED this 8th day of November, 1999, in Tallahassee, Leon County, Florida. MARY CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 8th day of November, 1999. COPIES FURNISHED: Douglas D. Sunshine, Esquire Department of State Division of Licensing The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Vance H. Britto 6525 Pompeii Drive Orlando, Florida 32822 Honorable Katherine Harris Secretary of State Department of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0250 Deborah K. Kearney, General Counsel Department of State The Capitol, Lower Level 10 Tallahassee, Florida 32399-0250
Findings Of Fact Petitioner's application for licensure as a real estate salesman reveals that he was born in Miami, Florida, in 1960. In 1979 Petitioner asked a friend to take him to a department store so he could do some shopping. While Petitioner was inside the store shopping, his friend was stealing hub caps in the parking lot until he was caught by the police who arrested both Petitioner and his friend. Petitioner was charged with grand larceny from a building and possession of a barbiturate (methaqualone), but the charges were dropped. In 1981 Petitioner borrowed a car from an acquaintance in order to go out on a date. While Petitioner was driving the car, he was stopped for a traffic violation at which time it was discovered that the borrowed car was a rental car which had been stolen. Although Petitioner was arrested for vehicular theft of an automobile, that charge was dismissed. In 1984 while Petitioner was attempting to locate the home of a friend, he stopped at a house which turned out to. be on the wrong street. As he was returning from the front door of the house to his car, he was stopped by the police. Since the home was located in a neighborhood subject to burglaries and Petitioner did not live in that neighborhood, he was arrested and charged with trespassing and with loitering and prowling. Pursuant to the advice of his public defender, Petitioner plead to one of those charges adjudication was withheld on that charge and the other charge was dropped. Petitioner was not placed on probation and no fine was imposed on him although he believes that he paid court costs. Petitioner disclosed all of the above-described arrests to Respondent in his application for licensure although the application seeks information regarding convictions and not arrests where no conviction or adjudication ever occurs. For the past five years Petitioner has been employed by United Cerebral Palsy. His duties include vehicle maintenance, building maintenance, and lawn maintenance for two group homes. He receives weekly advances from his employer for purchasing supplies. Petitioner has been married for approximately one year.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED that a Final Order be entered approving Petitioner's application for licensure as a real estate salesman, subject to the successful completion of any required examination. DONE and RECOMMENDED this 19th day of November, 1985, at Tallahassee, Florida. LINDA M. RIGOT, Hearing OFficer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of November, 1985. COPIES FURNISHED: Bernard Stefon Gonzalez Post Office Box 610104 North Miami, FL 33261 Ralph Armstead, Esquire Department of Legal Affairs 400 West Robinson Street Orlando, FL 32801 Harold Huff, Executive Director Division of Real Estate 400 West Robinson Street Orlando, FL 32801| Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32301 Salvatore A. Carpino, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32301
The Issue The issue for consideration in these cases is whether the licenses held by Respondents should be disciplined in some manner because of the matters alleged in the Administrative Complaints filed herein by the Department of State's Division of Licensing.
Findings Of Fact At all times pertinent to the issues herein, Unlimited Crime Prevention, Inc., was licensed in Florida as a "Class B" Security Agency holding license number B98-00127. Respondent William Larue Scott, was the President/Manager of UCP and held a "Class D' security officer license number D93- 19846, a "Class G" statewide firearms license number G94- 03199, and a "Class ZB" organizational officer position license number ZB98-00179. William Shane Scott, son of William Larue Scott and an employee of UCP, held a "Class D" security officer license number D96-07113, a "Class ZB" organizational officer position license number ZB98-00180, and a "Class G" statewide firearms license number G97-01150. The Department of State, Division of Licensing, was then and is the state agency responsible for the licensing of non- certified security personnel and agencies and for the regulation of the non-governmental security industry in Florida. On June 7, 2000, Garry Floyd, an investigator with the Division since 1981, received a complaint that two security officers from UCP had been observed by security officers from another security firm working at a site while carrying unauthorized weapons. Security officers are authorized to carry certain weapons but not nine-millimeter semi-automatic pistols. Upon receipt of the complaint, Mr. Floyd sent a telefax message to UCP's President/Manager, Mr. William L. Scott, asking for an explanation. The following day, an individual who identified himself as Mr. William L. Scott, called and said he had received Mr. Floyd's message and was looking into the matter. At this point, Mr. Scott said he was one of the two security officers involved but that he and his associate were carrying revolvers, not semi-automatic weapons. Thereafter, on June 11, 2000, Mr. Scott sent Mr. Floyd a telefaxed memorandum in which he reiterated his denial of the allegations as to the weapons carried, explained that the allegations occurred because of animosity toward his firm, and requested the investigation be terminated because of a lack of evidence. On June 27, 2000, Mr. Floyd met with Robert Shank, the other security officer alleged to have been carrying the unauthorized weapon and questioned him about the allegations. Shank vehemently denied the allegations and continued to do so even after Floyd said he did not believe him. On July 3, 2000, Mr. Floyd went to Mr. Scott's home where Scott maintained UCP's home office. Though Floyd went there with the intention of speaking with Mr. Scott, he was unable to do so and spoke, instead, with Mrs. Scott, whom he asked to have Mr. Scott call him. Mr. Scott did not call as requested, however. Thereafter, on July 17, 2000, Mr. Floyd went to UCP's new office, but because so many other people were there, so as not to embarrass Mr. Scott, he made an appointment to come back on August 2, 2000. When Mr. Floyd spoke with Mr. Scott on August 2, 2000, he gave Mr. Scott a list of questions he had written down. Scott said he was not ready to admit anything and would not answer any questions, orally or in writing. As of the hearing, Mr. Scott had not answered any of the questions posed by Mr. Floyd. The questions are simple. They ask, primarily, about the ownership of the company and the positions held therein by both Scott and his son, as well as whether he has ever allowed any employee to carry semi-automatic weapons. Mr. Floyd also met with Eric Hege, an employee of UCP, and provided him with a list of eight questions, two of which concerned the type of firearms carried by Mr. Scott. However, Mr. Hege refused to answer the questionnaire. This stymied Mr. Floyd's investigation, and he could proceed no further with it. However, sometime during the first week of July, 2000, Mr. Floyd received a complaint from a local police department that UCP was using an unlawful scheme of colored lights on its vehicles. When he went to various places where ICP's vehicles were located, he saw that they did have unlawfully colored lights which could give the impression they were official police vehicles. One vehicle had a green light on the seat, and another had a blue light. Blue lights are not allowed on civilian vehicles. Only amber-colored emergency lights are allowed on civilian vehicles. Mr. Shank previously held a license to carry a semi- automatic weapon, but not during the period he was employed performing security duties for Respondent. He surrendered that license after he, too, was charged with carrying an unauthorized weapon. Though he was not licensed to do so, while he was on duty with UCP, he carried a semi-automatic weapon or, in the alternative, a revolver. He started carrying the revolver so that he would not violate the law. Mr. Shank is certain that William L. Scott knew he was carrying an unauthorized weapon because Scott purchased revolvers for himself and the others in July 2000, so they would not be in violation of the law. When Shank had pointed out that the semi-automatic weapons were against state law, William L. Scott replied, "Fuck the State. The statutes don't mean anything." On June 2, 2000, Mr. Shank, with William L. Scott's son and several other employees of UCP, was working as a security officer at The Harbor Club in Pinellas County. At that time he was carrying a semi-automatic weapon, as was Mr. Scott's son. He was of the opinion at the time that William L. Scott's approach was to violate the law regarding weapons and deny it if caught. In late July or early August 2000, William L. Scott held a meeting of his employees at which time he instructed them, among other things, that if Mr. Floyd were to contact them about the incident at The Harbor Club, they were not to give him any information. He also provided each security officer with a letter which instructed them, in the event they were contacted by any personnel from the Division of Licensing, to immediately notify their supervisor and to advise the state personnel that they could not be distracted from their duties. Employees were not to speak with a state employee until a supervisor had relieved him, nor were they ever to hand over their firearms to an inspector unless properly relieved. Investigators were to be referred to the company's attorney, and if the investigator refused to leave, the police were to be called. Mr. Shank has also performed services for UCP using a vehicle with green and red flashing lights on the roof. So have both Scotts and Mr. Hege. Mr. Shank was subsequently charged with driving a vehicle with improper lights as well as carrying a semi-automatic weapon. William L. Scott and Mr. Shank had a falling out over money in early September 2000. Shank then called Mr. Floyd to tell him what he knew of the allegations because he felt it was the right thing to do. When Boin Upton, at the time an employee of Excelsior Defense, also a security firm, came to work at The Harbor Club on June 2, 2000, he found representatives of UCP already were there. He thought this was unusual because he understood that his company had the contract to provide security for the club. He called his supervisor who came to the club and resolved the issue. A the time, however, he noticed that both Mr. Shank and William L. Scott, the two representatives of UCP, were carrying nine-millimeter semi- automatic weapons. When Mr. Upton asked about this, he was told by Mr. Shank that he had a "CC" waiver. A "CC" license is one which is issued to an apprentice private investigator and does not authorize the carrying of a semi-automatic weapon. Joshua Wilson also was a security guard who worked for UCP from July 7 through the end of August 2000, and whose duty stations were at the Lutz Apartment complex and at The Harbor Club. His job was to observe and report and to keep the peace, and he was not armed. However, he observed William S. Scott, William L. Scott's son carrying a nine- millimeter semi-automatic weapon at The Harbor Club during this period. Mr. Wilson recalls a staff meeting held by Mr. Scott during this period at which Mr. Scott discussed the investigation being conducted by the Division. At this meeting, he gave each employee a copy of the memorandum which advised employees not to talk with anyone from the Division but to refer them to a UCP supervisor. Scott indicated his opinion that Mr. Floyd had declared war on UCP and him, and he would not help him. Another former employee of UCP, Mr. Phelps, also recalls being told directly by Mr. Scott that if an investigator from the Division contacted him with questions about the company, he was not to answer them. In mid-June 2000, Officer Jim Routzahn of the Indian Shore Police Department conducted a routine traffic stop of William L. Scott. Mr. Scott got out of his vehicle wearing a uniform and badge and carrying a semi-automatic weapon. Scott's badge was in the form of a shield and not a star. Mr. Scott advised Officer Routzhan that he was the owner of a security company and was on official duty dropping off and picking up security officers. At the time, because Officer Routzahn received a high-priority call to go elsewhere, he gave Mr. Scott a warning and let him go. According to Mr. Floyd, a search of the records of the Division of Licensing fails to show any prior complaints against either UCP or either Mr. Scott. However, the records reflect William L. Scott was previously denied a license based on a conviction in Indiana. Mr. Floyd has known William L. Scott from when he, Mr. Floyd, was an investigator for another agency. During that former investigation, he found Mr. Scott to be very personable, helpful, and cooperative. Mr. Floyd, a retired Captain of Police from Tampa, considers this case to be serious because it involves the impersonation of a policeman. Based on his experience, "wanna-be's" constitute one of the biggest problems facing law enforcement, and even if the only issue here were related to the inappropriate use of colored lights on UCP's vehicles, he would still have filed an Administrative Complaint in this case.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of State, Division of Licensing, enter a Final Order revoking the Class "B" Security Agency License number B98-00127, the Class "D" Security Officer License number D93-19846, the Class "G" Statewide Firearms License number G94-03199, and the Class "ZB" Organization Officer Position, number ZB98-00179, all licenses held by William Larue Scott as President/Manager of Unlimited Crime Prevention, Inc., be revoked. It is further recommended that the Class "G" Statewide Firearms License number G97-01150, held by William Shane Scott be placed on probation for a period of one year under such terms and conditions as the Department may specify. DONE AND ENTERED this 24th day of May, 2001, in Tallahassee, Leon County, Florida. ___________________________________ ARNOLD H. POLLOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6947 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 2001. COPIES FURNISHED: Steve Bensko, Esquire Department of State The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Louis Kwall, Esquire Kwall, Showers & Coleman, P.A. 133 North Fort Harrison Avenue Clearwater, Florida 33755 Honorable Katherine Harris Secretary of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0250 Deborah K. Kearney, General Counsel Department of State The Capitol, Lower Level 10 Tallahassee, Florida 32399-0250
The Issue An administrative complaint dated June 11, 1998, alleges that when Respondent, upon termination of his employment, failed to return his identification card and uniform items to his employing agency, he committed violations of Section 493.6111(5)(c), Florida Statutes, and Section 493.6118 (1)(f), Florida Statutes. The issues for disposition in this proceeding are whether Respondent committed those violations and if so, what discipline is appropriate.
Findings Of Fact Respondent, Paul Alan Sangster, holds a class "D" Security Officer License No. D92-16595, effective November 3, 1996. While so licensed, on or about January 8, 1997, Respondent was hired as a security officer by Southland Security and Investigations, Inc. (Southland). Jill Murphy, the human resources director for Southland, hired Respondent and issued him items required for his employment. On January 8, 1997, she issued him a uniform shirt and trousers, a shirt badge and collar brass; on January 17, 1997, she issued him another shirt and an identification card; and on January 24, 1997, she issued him another shirt badge. Each time he was issued uniform items, Respondent signed and dated a uniform inventory sheet with this statement: By affixing my signature below, I am accepting receipt of uniforms and/or equipment for my official use. I understand that I am fully responsible for uniform clothing and/or equipment and will pay the full replacement cost on each item that is not returned when requested. I also understand that this uniform and/or equipment is the sole property of Southland Security and Investigations, Inc. I further agree that within five (5) days of termination of my employment, I shall return the uniforms cleaned and pressed, as I received it, or shall pay the cost of such cleaning and pressing. In the event I fail to return any part of my uniform or any equipment, I agree to pay the company the full replacement cost as indicated above plus all attorney's and collectors fee incurred in the recovering said cost. (Petitioner's Exhibit A) Mrs. Murphy terminated Respondent's employment on or about March 8, 1998. He had told her that he got another job. When Ms. Murphy later tried to reach Respondent, she was told that his phone was disconnected and she was never able to reach him. Respondent never returned the uniform items and identification card to Southland.
Recommendation Based on the foregoing, it is RECOMMENDED: that the agency issue its final order finding that Respondent violated Sections 493.6111(5)(c) and 493.6118(1)(f), Florida Statutes, when he failed to return his uniform and identification card to his former employer, and assessing an administrative fine of $500. DONE AND ORDERED this 25th day of March, 1999, in Tallahassee, Leon County, Florida. MARY CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 25th day of March, 1999. COPIES FURNISHED: Douglas D. Sunshine, Esquire Department of State Division of Licensing The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Paul Alan Sangster 352 Buttonwood Drive Kissimmee, Florida 34743 Debbie Kearney, General Counsel Department of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0250 Michele Guy, Assistant General Counsel Department of State Division of Licensing The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250
